Lakeland Company Pays $1.7 Million EPA Fine

Harell's has fixed problems with misbranded pesticides

Published: Friday, December 20, 2013 at 6:29 p.m.

Last Modified: Friday, December 20, 2013 at 11:06 p.m.

WINTER HAVEN | Harrell's LLC, a Lakeland-based producer and distributor of fertilizers, pesticides and other agricultural chemicals, has agreed to pay more than $1.7 million in civil penalties on federal charges, including distributing and selling mislabeled pesticides.

The U.S. Environmental Protection Agency announced the agreement Friday in a news release and called the fine "one of the largest ever for an enforcement case" under the Federal Insecticide, Fungicide, and Rodenticide Act.

The EPA alleged Harrell's distributed or sold pesticides without labels or with labels that were completely illegible more than 350 times between 2010 and 2012, according to the statement. It also alleged the company continued to sell or distribute the pesticides in violation of an EPA "stop sale" order and ­produced large amounts of pesticides over several years at its Alabama facility before registering with EPA.

The agency discovered the violations during field inspections conducted in 2012, the statement said.

"The law requires that pesticides be labeled to help prevent any harm to people and the environment," said Cynthia Giles, assistant administrator of EPA's Office of Enforcement and Compliance Assurance. "Pesticides can be highly toxic to fish and other wildlife and can contaminate our drinking water. Proper labeling is critical to ensure that people know how to use them correctly and safely."

In addition to producing its own pesticides, Harrell's also makes and sells pesticides registered to other companies as a supplemental distributor, the EPA statement said. The EPA focused enforcement efforts in this area after finding pesticides produced and sold by supplemental distributors often have labels lacking critical information required by law, which increases the risk of harm from potential misuse of the product.

The company has corrected all violations, the statement said.

"We are pleased this matter has been resolved," said Tina Newberry, the company's marketing manager, in an email statement to The Ledger.

"Harrell's fully cooperated with EPA and state authorities to resolve this matter in a constructive manner. This matter did not involve harm to human health or the environment."

Harrell's is committed to complying with the law and "has further reviewed and strengthened its environmental compliance program," she said in the statement.

Newberry declined to comment on questions from The Ledger, including whether the company admitted to selling pesticides with missing or illegible labels and ignored the EPA stop sale order. She also declined to state whether payment of the fine constitutes the company's admission that it violated the federal pesticide law.

Harrell's is one of the nation's largest distributors of branded fungicides, herbicides and insecticides, according to the company statement. It produces custom-blended fertilizers, pesticides and other chemical products for the golf course, sports turf, landscape management and horticulture industries.

The company began in 1941, when Ormond and Lucile Harrell purchased a downtown Lakeland feed store, according to Harrell's website.

During the next 25 years, it opened stores in Lakeland, Winter Haven, Largo and Madeira Beach for gardening, lawn and landscape, farming and ranching customers. It got into serving the golf course industry in the 1960s.

Harrell's opened its first fertilizer manufacturing plant in Lakeland in 1985 and began shutting its retail stores to concentrate on fertilizer manufacturing. It no longer sells directly to individual consumers or retail stores.

In 1994, the company started a nursery products business followed by a sports turf products division in the early 2000s.

The company also operates a fertilizer manufacturing plant in Sylacauga, Ala., and has 13 offices and warehouses in the eastern United States and as far west as Chicago.

Harrell's employs more than 250 people and produces more than 40,000 tons of custom-blend fertilizers annually.

It has more than 10,000 customers in the eastern U.S., across the Caribbean, and in Central and South America, the Middle East and the Pacific Rim.

The website has no sales or other financial information for the private company run by CEO Jack Harrell Jr., the grandson of the founders.

[ Kevin Bouffard can be reached at kevin.bouffard@theledger.com or at 863-401-6980. ]

<p>WINTER HAVEN | Harrell's LLC, a Lakeland-based producer and distributor of fertilizers, pesticides and other agricultural chemicals, has agreed to pay more than $1.7 million in civil penalties on federal charges, including distributing and selling mislabeled pesticides.</p><p>The U.S. Environmental Protection Agency announced the agreement Friday in a news release and called the fine "one of the largest ever for an enforcement case" under the Federal Insecticide, Fungicide, and Rodenticide Act.</p><p>The EPA alleged Harrell's distributed or sold pesticides without labels or with labels that were completely illegible more than 350 times between 2010 and 2012, according to the statement. It also alleged the company continued to sell or distribute the pesticides in violation of an EPA "stop sale" order and ­produced large amounts of pesticides over several years at its Alabama facility before registering with EPA.</p><p>The agency discovered the violations during field inspections conducted in 2012, the statement said.</p><p>"The law requires that pesticides be labeled to help prevent any harm to people and the environment," said Cynthia Giles, assistant administrator of EPA's Office of Enforcement and Compliance Assurance. "Pesticides can be highly toxic to fish and other wildlife and can contaminate our drinking water. Proper labeling is critical to ensure that people know how to use them correctly and safely."</p><p>In addition to producing its own pesticides, Harrell's also makes and sells pesticides registered to other companies as a supplemental distributor, the EPA statement said. The EPA focused enforcement efforts in this area after finding pesticides produced and sold by supplemental distributors often have labels lacking critical information required by law, which increases the risk of harm from potential misuse of the product.</p><p>The company has corrected all violations, the statement said.</p><p>"We are pleased this matter has been resolved," said Tina Newberry, the company's marketing manager, in an email statement to The Ledger. </p><p>"Harrell's fully cooperated with EPA and state authorities to resolve this matter in a constructive manner. This matter did not involve harm to human health or the environment."</p><p>Harrell's is committed to complying with the law and "has further reviewed and strengthened its environmental compliance program," she said in the statement.</p><p>Newberry declined to comment on questions from The Ledger, including whether the company admitted to selling pesticides with missing or illegible labels and ignored the EPA stop sale order. She also declined to state whether payment of the fine constitutes the company's admission that it violated the federal pesticide law.</p><p>Harrell's is one of the nation's largest distributors of branded fungicides, herbicides and insecticides, according to the company statement. It produces custom-blended fertilizers, pesticides and other chemical products for the golf course, sports turf, landscape management and horticulture industries.</p><p>The company began in 1941, when Ormond and Lucile Harrell purchased a downtown Lakeland feed store, according to Harrell's website.</p><p>During the next 25 years, it opened stores in Lakeland, Winter Haven, Largo and Madeira Beach for gardening, lawn and landscape, farming and ranching customers. It got into serving the golf course industry in the 1960s.</p><p>Harrell's opened its first fertilizer manufacturing plant in Lakeland in 1985 and began shutting its retail stores to concentrate on fertilizer manufacturing. It no longer sells directly to individual consumers or retail stores.</p><p>In 1994, the company started a nursery products business followed by a sports turf products division in the early 2000s.</p><p>The company also operates a fertilizer manufacturing plant in Sylacauga, Ala., and has 13 offices and warehouses in the eastern United States and as far west as Chicago.</p><p>Harrell's employs more than 250 people and produces more than 40,000 tons of custom-blend fertilizers annually. </p><p>It has more than 10,000 customers in the eastern U.S., across the Caribbean, and in Central and South America, the Middle East and the Pacific Rim. </p><p>The website has no sales or other financial information for the private company run by CEO Jack Harrell Jr., the grandson of the founders.</p><p>[ Kevin Bouffard can be reached at kevin.bouffard@theledger.com or at 863-401-6980. ]</p>